Regular City Commission Meeting

BOOK 58 Page 29875 07/05/05 2:30 P.M. MINUTES OF THE REGULAR SARASOTA CITY COMMISSION MEETING OF JULY 5, 2005, AT 2:30 P.M.

PRESENT: Mayor Mary Anne Servian, presiding, Vice Mayor Fredd “Glossie” Atkins, Commissioners Danny Bilyeu and Ken Shelin, City Attorney Robert M. Fournier, City Manager Michael A. McNees, and City Auditor and Clerk Billy E. Robinson ABSENT: Commissioner Lou Ann Palmer, on vacation

The meeting was called to order by Mayor Servian at 2:30 p.m. INVOCATION: City Auditor and Clerk Robinson PLEDGE OF ALLEGIANCE: William Schlapfer, World War II Veteran of the Battle of the Bulge

1. CHANGES TO THE ORDERS OF THE DAY City Auditor and Clerk Robinson presented the following Changes to the Orders of the Day: A. Remove under Consent Agenda No. 1, Item No. IV-A-1, Authorize the Mayor and City Auditor and Clerk to execute the Third Amendment of the Lease Agreement between the City of Sarasota and the Sarasota Sailing Squadron, per the request of General Services Director Nancy Carolan. B. Add under Unfinished Business, as Item No. VI-4, Presentation and Discussion Re: Sarasota County Initiative to develop conservation easements on certain rural lands owned by the City of Sarasota, per the request of City Manager Michael McNees. Mayor Servian noted Commission consensus to approve the Changes to the Orders of the Day. (FTR 2:34)

2. CITIZENS’ INPUT (AGENDA ITEM I) The following person spoke: Stan Zimmerman regarding a dangerous situation on School Avenue resulting from the removal of pavement in Payne Park. (FTR 2:35)

3. APPROVAL OF MINUTES (AGENDA ITEM II) In response to a comment by Commissioner Shelin concerning the minutes of the June 15, 2005, Special Commission meeting with the Parks, Recreation and Environmental Protection Advisory Board regarding Item 8, Smoking on the Beach, and Item 10, Sarasota Avenue right-of-way, City Auditor and Clerk Robinson stated that the audio of the meeting will be reviewed and the minutes returned to the Commission. In response to a comment by Commissioner Shelin concerning the minutes of the June 20, 2005, Regular Commission meeting regarding Items 8(2), 13(2), and 14(1), City Auditor and Clerk Robinson stated that the audio of the meeting will be reviewed and the minutes returned to the Commission. Mayor Servian noted Commission consensus to approve the minutes of the June 21, 2005, Special Commission meeting.

BOOK 58 Page 29876 07/05/05 2:30 P.M. In response to a correction by Commissioner Shelin concerning the June 22, 2005, Special Commission meeting concerning his attendance at the meeting, Mayor Servian noted Commission consensus to approve the minutes of the June 22, 2005, Special Commission meeting as corrected to indicate his absence. (FTR 2:45)

4. CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A) MOTION: Approve Item Nos. 2, 3, and 4 on Consent Agenda No. 1 OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Shelin, Bilyeu, Atkins, Servian NAYS: None ABSENT/ABSTAIN: Palmer

5. CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B) Commissioner Bilyeu removed Item IV-B-1, Adoption Re: Proposed Resolution No. 05R-1836. City Auditor and Clerk Robinson stated that Item No. IV-B-1 will be heard under Unfinished Business as Item No. VI–5 in the afternoon session. (FTR 2:47)

MOTION: Adopt Item No. 2 on Consent Agenda No. 2 (Proposed Ordinance No. 05-4626) OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Bilyeu, Shelin, Atkins, Servian NAYS: None ABSENT/ABSTAIN: Palmer

6. UNFINISHED BUSINESS (AGENDA ITEM VI) 1) APPROVAL RE: 2005 – 2010 CONSOLIDATED PLAN FINAL APPROVAL (AGENDA ITEM VI-1) Following a presentation by Housing and Community Development Director Donald Hadsell and in response to a question from Vice Mayor Atkins, Director Hadsell stated that a definition of “Unincorporated Newtown” will be obtained and provided the Commission.

MOTION: Authorize Staff to submit the 2005-2010 Consolidated Plan to the US Department of Housing and Urban Development; authorize Staff to make any changes required by the US Department of Housing and Urban Development; and authorize the Mayor or the City Manager to execute the certifications and all other documents necessary to submit the Consolidated Plan and receive federal grants. OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Bilyeu, Shelin, Atkins, Servian NAYS: None ABSENT/ABSTAIN: Palmer

BOOK 58 Page 29877 07/05/05 2:30 P.M. 2) APPROVAL RE: CITY HALL RENOVATION PROJECT PHASE II CONSTRUCTION AND SECOND AMENDMENT TO THE AGREEMENT FOR CONSTRUCTION MANAGER AND GENERAL CONTRACTOR SERVICES BETWEEN THE CITY OF SARASOTA AND D. E. MURPHY CONSTRUCTORS INC. TO COMPLETE PHASE II OF THE CITY HALL RENOVATION PROJECT (AGENDA ITEM VI-2)

MOTION: Approve the Second Amendment to Agreement for Construction Manager and General Contractor Services with D.E. Murphy Constructors, Inc., with a guaranteed maximum price of $1,091,414; and approve funding to complete Phase II of the project in the amount of $125,000 from the Accumulated Interest Earnings from the 2000 First Florida Governmental Financing Commission Bonds. OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Shelin, Atkins, Bilyeu, Servian NAYS: None ABSENT/ABSTAIN: Palmer

3) APPROVAL RE: REPORT AND RECOMMENDATION REGARDING ORDER GRANTING MOTION TO FIND SECTION 34-41, SARASOTA CITY CODE (LODGING ORDINANCE), FACIALLY UNCONSTITUTIONAL ENTERED BY COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY FLORIDA (AGENDA ITEM VI-3)

MOTION: Authorize the City Attorney’s Office to develop an ordinance revising Ordinance No. 05-4600 for consistency with the June 22, 2005, County Court Order and to forego an appeal of the Court Order. OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Shelin, Atkins, Bilyeu, Servian NAYS: None ABSENT/ABSTAIN: Palmer

4) PRESENTATION AND DISCUSSION RE: SARASOTA COUNTY INITIATIVE TO DEVELOP CONSERVATION EASEMENTS ON CERTAIN RURAL LANDS OWNED BY THE CITY OF SARASOTA (AGENDA ITEM VI-4) A presentation was given by Interim Director of the Nature Conservancy of Southwest Florida Ed Freeman. Following comments by City Manager McNees, Mayor Servian noted Commission consensus to move forward with discussions with the County regarding the development of agreements for conservation purposes on the Verna Wellfields.

BOOK 58 Page 29878 07/05/05 2:30 P.M. 5) ADOPTION RE: PROPOSED RESOLUTION NO. 05R-1836, AUTHORIZING THE EXECUTION BY THE MAYOR AND ATTESTATION BY THE CITY AUDITOR AND CLERK ON BEHALF OF THE CITY OF SARASOTA, FLORIDA OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT REGARDING MOWING, LITTER REMOVAL AND MECHANICAL SWEEPING WITH DESIGNATED RIGHTS OF WAY (AGENDA ITEM VI-5)

MOTION: Adopt proposed Resolution No. 05R-1836. OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Bilyeu, Shelin, Atkins, Servian NAYS: None ABSENT/ABSTAIN: Palmer

7. ADDITIONAL CITIZENS’ INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) No one signed up to speak.

8. COMMISSION BOARD AND COMMITTEE REPORTS (AGENDA ITEM IX) (FTR 3:38)

9. REMARKS OF COMMISSIONERS, ANNOUNCEMENTS AND ITEMS FOR NEXT AGENDA (AGENDA ITEM X)

BOOK 58 Page 29879 07/05/05 2:30 P.M. 10. OTHER MATTERS/ADMINISTRATIVE OFFICERS (AGENDA ITEM XI) A. In response to a request by City Attorney Fournier, Mayor Servian noted Commission consensus to extend the deadline to the August 15, 2005, Regular Commission meeting for presentation of the parking agreement among the City, Ersa Grae, and the Sarasota Opera and the revised Term Sheets for the Plaza Verdi project.

The Commission recessed at 4:08 p.m. and reconvened at 6:00 p.m.

11. COMMISSION PRESENTATIONS (AGENDA ITEM XII) 1) EMPLOYEE OF THE MONTH FOR JUNE 2005, DANNY VINCENT. 2) CERTIFICATE OF APPRECIATION FROM THE FLORIDA HIGH SCHOOL ATHLETIC ASSOCIATION (FHSAA) TO PAT CALHOON.

12. NON QUASI-JUDICIAL PUBLIC HEARINGS 1) SECOND PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4634, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 BY PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS (AGENDA ITEM XIV-A-1)

MOTION: Adopt proposed Ordinance No. 05-4634 on second reading. OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Shelin, Bilyeu, Atkins, Servian NAYS: None ABSENT/ABSTAIN: Palmer

2) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4605, TO VACATE THAT CERTAIN PORTION OF THE PLATTED, UNIMPROVED 15 FOOT WIDE ALLEY RUNNING FROM NORTH TO SOUTH THROUGH BLOCK H, EPSTEIN ADDITION TO NEWTOWN (AGENDA ITEM XIV-A-2)

BOOK 58 Page 29880 07/05/05 2:30 P.M. MOTION: Pass proposed Ordinance No. 05-4605 on first reading. OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Atkins, Shelin, Bilyeu, Servian NAYS: None ABSENT/ABSTAIN: Palmer

3) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 04-4563, TO CONDITIONALLY VACATE A CERTAIN PLATTED BUT UNIMPROVED 15 FOOT WIDE RIGHT OF WAY (AGENDA ITEM XIV-A-3)

13. QUASI-JUDICIAL PUBLIC HEARINGS 1) PUBLIC HEARING RE: FINAL SUBDIVISION PLAT SUBMITTED WITH APPLICATION NO. 04-SUB-02 (AGENDA ITEM XIV-B-1) Mayor Servian noted Commission consensus to hear the presentations but to postpone voting on the Subdivision Plat until the Certification is provided.

BOOK 58 Page 29881 07/05/05 2:30 P.M. Mayor Servian noted Commission consensus to continue the public hearing of proposed Ordinance No. 05-4563 and Subdivision Application No. 04-SUB-02 to the August 1, 2005, Regular Commission meeting.

2) PUBLIC HEARING RE: PROPOSED ORDINANCE NO. 05-4623, TO REZONE TWO PARCELS OF REAL PROPERTY LOCATED IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF CUNLIFF LANE AND SOUTH OSPREY AVENUE (AGENDA ITEM XIV-B-2)

MOTION: Pass proposed Ordinance No. 05-4623 on first reading. OUTCOME: passed VOTE: Ayes 4 / Nays 0 / Absent 1 / Abstain 0 AYES: Shelin, Atkins, Bilyeu, Servian NAYS: None ABSENT/ABSTAIN: Palmer

14. CITIZENS’ INPUT (AGENDA ITEM XV) The following people spoke regarding filling ten Sarasota Police Officer positions: Elizabeth Cuevas-Neunder, Linda Holland, Richard Clapp, Gerry Holmes, Anthony Jones, Sandy Bower, Maria Gelinas, Mickey Emberton, Rhonda Moraca, R. Dale Adcock, and Debbie Muller.

BOOK 58 Page 29882 07/05/05 2:30 P.M. 15. NEW BUSINESS 1) DISCUSSION AND DECISION RE: POSSIBLE PURCHASE OF PROPERTY IN THE BAYOU OAKS NEIGHBORHOOD LOCATED EAST OF NORTH WATER TOWER PARK ABUTTING OLD BRADENTON ROAD FOR DEVELOPMENT AS A CITY PARK Mayor Servian noted Commission consensus to direct the Administration to work with the seller concerning possible purchase of the property and to determine possible funding sources.

16. ADJOURN (AGENDA ITEM XVIII) Mayor Servian adjourned the meeting at 9:00 p.m.

MARY ANNE SERVIAN, MAYOR ATTEST: BILLY E. ROBINSON, CITY AUDITOR AND CLERK

Regular City Commission Meeting

AGENDA

REGULAR CITY COMMISSION MEETING

JULY 5, 2005

CITY HALL

1565 First Street

Sarasota, FL 34236

City Commission Chambers

2:30 P.M. - 8:30 P.M.

1.

CHANGES TO THE ORDERS OF THE DAY

1.

Remove under Consent Agenda No. 1, Item No. IV-A-1, Authorize the Mayor and City Auditor and Clerk to execute the Third Amendment of the Lease Agreement between the City of Sarasota and the Sarasota Sailing Squadron, per the request of General Services Director Nancy Carolan.

2. Add under Unfinished Business, as Item No. VI-4, Presentation and Discussion Re: Sarasota County Initiative to develop conservation easements on certain rural lands owned by the City of Sarasota, per the request of City Manager Michael McNees.

2.

CITIZENS’ INPUT (AGENDA ITEM I)

3.

APPROVAL OF MINUTES: MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF JUNE 21, 2005, AND MINUTES OF THE SPECIAL CITY COMMISSION MEETING OF JUNE 22, 1994 - APPROVED (AGENDA ITEM II)

4.

CONSENT AGENDA NO. 1 (AGENDA ITEM IV-A)

2)

Authorize the Mayor and City Auditor and Clerk to execute the St. Armands Drainage Joint Project Agreement between the City of Sarasota and Sarasota County to upsize a water main on St. Armands Key (Agenda Item IV-A-2)

3) Authorize the Mayor and City Auditor and Clerk to execute the Lease Agreement between the City of Sarasota and Metro PCS to place an antenna on the Southgate Water Tower and lease a small portion of ground space for the equipment shelter(Agenda Item IV-A-3)

4) Authorize the Mayor and City Auditor and Clerk to execute an easement to the City Of Sarasota for Sarasota Memorial Hospital utility drainage improvement to Hillview Street at Laurent Avenue (Agenda Item IV-A-4)

5.

CONSENT AGENDA NO. 2 (AGENDA ITEM IV-B)

2)

Proposed Ordinance No. 05-4626, amending Chapter 19 of the Sarasota City Code, Licenses, by adjusting the Occupational License fees for engaging or managing businesses, professions or occupations within the City (Agenda Item IV-B-2)

6.

UNFINISHED BUSINESS(AGENDA ITEM VI)

1.

APPROVAL RE: 2005 – 2010 CONSOLIDATED PLAN FINAL APPROVAL (AGENDA ITEM VI-1)

2.

APPROVAL RE: CITY HALL RENOVATION PROJECT PHASE II CONSTRUCTION AND SECOND AMENDMENT TO THE AGREEMENT FOR CONSTRUCTION MANAGER AND GENERAL CONTRACTOR SERVICES BETWEEN THE CITY OF SARASOTA AND D. E. MURPHY CONSTRUCTORS INC. TO COMPLETE PHASE II OF THE CITY HALL RENOVATION PROJECT (AGENDA ITEM VI-2)

3.

APPROVAL RE: REPORT AND RECOMMENDATION REGARDING ORDER GRANTING MOTION TO FIND SECTION 34-41, SARASOTA CITY CODE (LODGING ORDINANCE), FACIALLY UNCONSTITUTIONAL ENTERED BY COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY FLORIDA(AGENDA ITEM VI-3)

4.

PRESENTATION AND DISCUSSION RE: SARASOTA COUNTY INITIATIVE TO DEVELOP CONSERVATION EASEMENTS ON CERTAIN RURAL LANDS OWNED BY THE CITY OF SARASOTA (AGENDA ITEM VI-4)

5.

ADOPTION RE: PROPOSED RESOLUTION NO. 05R-1836, AUTHORIZING THE EXECUTION BY THE MAYOR AND ATTESTATION BY THE CITY AUDITOR AND CLERK ON BEHALF OF THE CITY OF SARASOTA, FLORIDA OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT REGARDING MOWING, LITTER REMOVAL AND MECHANICAL SWEEPING WITH DESIGNATED RIGHTS OF WAY (AGENDA ITEM VI-5)